State Bar of South Dakota

Ethics Opinion 94-23

Rules: 1.6

Subject: Reporting non-paying client to credit bureau

You have requested an opinion from this Committee questioning whether or
not the South Dakota Rules of Professional Conduct allows you to report non-paying clients
to the credit bureau.

OPINION

It is the opinion of this Committee that you may not
report non-paying clients to the credit bureau. Doing so is not necessary to establish
your fee claim, risks compromising confidentiality, and smacks of punishment in trying to
lower the clients credit rating. See, Rule 1.6(b)(2); South Carolina Ethics Opinion
94-11.